ML20236S488

Advises That Info Provided in 980224 & 0320 Ltrs Submitted by Union Electric Corp & Wolf Creek Operating Corp Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5)

ML20236S488
Person / Time
Site:	Wolf Creek
Issue date:	07/22/1998
From:	Thomas K NRC (Affiliation Not Assigned)
To:	Pellet S HOLTEC INTERNATIONAL
References
NUDOCS 9807240378
Download: ML20236S488 (4)

Text

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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30006-9001

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\..... July 22, 1998 Mr. Scott H. Pellet Holtec Intemational 555 Lincoln Drive West Mariton, New Jersey 08053

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE -

HOLTEC INTERNATIONAL

Dear Mr. Pellet:

By letters dated February 24,1998, and March 20,1998, Union Electric Company and Wolf Creek Nuclear Operating Corporation, respectively, submitted applications to the Callaway and Wolf Creek technical specifications to support a rerack of the spent fuel pools at the facilities.

Both applications contained a iicensing report prepared by Holtec Intemational in support of the request. By letters dated May 27,1998, and May 28,1998, Union Electric Company and Wolf Creek Nuclear Operating Corporation, respectively, resubmitted Chapters 4 and 5 of the Holtec Intemational report with revisions to reflect a reassessment of the proprietary classification of proprietary versus non-proprietary material. All four submittals requested certain information be withheld from public disciosure pursuant to 10 CFR 2.790.

Affidavits, dated February 24,1998, March 12,1998, and May 21,1998, from Holtec Intemational, the owner of the information, were included in the applications. Holtec Intemational states that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

"a. Information that disclosed a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec Intemational constitutes a competitive economic advantage )

over other companies. /

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b. Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture,  ;

shipment, installation, assurance of quality, or licensing of a similar product. /

< d. Information which reveals aspects of past, present, or future Holtec Intemational l customer-funded development plans and programs of potential commercial value to l l Holtec intomational.  !

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e. Information which discloses patentable subject matter for which it may be desirable to i obtain patent protection."

We have reviewed the applications and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Holtec Intemational's statements, have determined that the submitted information sought to be withheld contains proprietary commercial information.

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l Mr. Scott H. P:llet July 22, 1998 l

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Therefore, we have determined that the information provided in the February 24,1998, and l May 27,1998, letters from Union Electric Company, and the March 20,1998, and May 28,1998 letters from Wolf Creek Nuclear Operating Corporation, marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy  !

Act of 1954, as amended. I l

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concemed to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

l If the basis for withholding this information from public inspection should change in the future, such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review j this determination in the future, for example, if the scope of a Freedom of Information Act i

request includes your information. In all review situations, if the NRC makes a determination j adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, Original Signed By ,

Kristine M. Thomas, Project Manager  ;

l Project Directorate IV-2 Division of Reactor Projects lil/IV l Office of Nuclear Reactor Regulation l cc: See next page DISTRIBUTION:

Docket 50-482 Docket 50-583 PUBLIC PDIV-2 Reading EGA1 WBateman 4 EPeyton KThomas MPSiemien TCollins . ,

TMarsh RWessman TSullivan GBagchl ,

CMiller - PGwynn, Region IV DOCUMENT NAME:CALWC. WIT Tm receive a copy of this document. Indicate in the box: "C" = Copy without endosures "E" = Copy with endosures "N" = No copy OFFICE. PM/PDlV4 LA/PDIV-2 SRXB , d SPLB [A EMEB off, '

NAME KThonus"\ EPeytonM TCollins& TMarsb U RWessfnan " ~

DATE 6/1 3 / 98 6/l /98 6/- /98 V\ 6/ M /98 ,64 6/t 9/98

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r OFFICE EMCB A E PERB F OGC ^J NAME. TSullivan f@ MikfsiFY CMiller e& MPSipmien ,()M l DATE 6 /30/ 98 0 Wf \ / 98 (/ J / 98 5/ {t / 98

( $7//fpFFICIAL RECORD COPY 1

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Mr. Scott H. Pellet July 22,1998 1

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cc:

Jay Silberg, Esq. Chief Operating Officer -

Shaw, Pittman, Potts & Trowbridge Wolf Creek Nuclear Operating Corporation I 2300 N Street, NW . P. O. Box 411 Washington, D.C. 20037 Buriington, Kansas 66839 Regional Administrator, Region IV Supervisor Licensing U.S. Nuclear Regulatory Commission Wolf Creek Nuclear Operating Corporation l 611 Ryan Plaza Drive, Suite 1000 P.O. Box 411  ;

Arlington, Texas 76011 Burlington, Kansas 66839 Senior Resident inspector U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Resident inspectors Office P. O. Box 311 8201 NRC Road '

Burlington, Kansas 66839 Steedman, Missouri 65077-1032 Chief Engineer Mr. Otto L Maynard j Utilities Division ' President and Chief Executive Officer i Kansas Corporation Commission Wolf Creek Nuclear Operating Corporation 1500 SW Arrowhead Road Post Office Box 411 Topeka, Kansas 66604 4027 Burlington, Kansas 66839 i

Office of the Govemor -

State of Kansas j:

Topeka, Kansas 66612 Attomey General Judicial Center ,

301 S.W.10th 2nd Floor Topeka, Kansas 66612 County Clerk Coffey County Courthouse Burlington, Kansas 66839 l

[ Vick L Cooper, Chief  !

! Radiation Centrol Program Kansas Department of Health and Environment i Bureau of Air and Radiation Forbes Field Building 283 Topeka, Kansas 66620

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9' Mr. Scott H. Pellet July 52,1998 cc:

Professional Nuclear Mr. Garry L. Randolph

. Consulting, Inc. Vice President and Chief Nuclear Officer 19041 Raines Drive Union Electric Company Derwood, Maryland 20855 Post Office Box 620 Fulton, Missouri 65251 Gerald Chamoff, Esq.

Thomas A. Baxter, Esq. Mr. Dan 1. Bolef, President Shaw, Pittman, Potts & Trowbridge Kay Drey, Representative 2300 N. Street, N.W. Board of Directors Coalition Washington, D.C. 20037 for the Environment 6267 Delmar Boulevard Mr. H. D. Bono University City, Missouri 63130 Supervising Engineer Quality Assurance Regulatory Support Mr. Lee Fritz Union Electric Company Presiding Commissioner Post Office Box 620 Callaway County Court House Fulton, Missouri 65251 10 East Fifth Street Fulton, Missouri 65151 U.S. Nuclear Regulatory Commission Resident inspector Office Mr. Alan C. Passwater, Manager 8201 NRC Road Licensing and Fuels Steedman, Missouri 65077-1302 Union Electric Company Post Office Box 66149 Mr. J. V. Laux, Manager St. Louis, Missouri 63166-6149 Quality Assurance Union Electric Company Post Office Box 620 Fulton, Missouri 65251 Manager- Electric Department Missouri Public Service Commission 301 W. High Post Office Box 360 Jefferson City, Missouri 65102 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Harris Tower & Pavilion 611 Ryan Plaza Drive, Suite 400 Arlington, Texas 76011-8064 Mr. Ronald A. Kucera, Deputy Director Department of Natural Resources P.O. Box 176 Jefferson City, Missouri 65102 1